Club website terms

These Club Website Terms ("Website Terms") govern the club website feature of LynxPoker (the "Website Feature"). They are part of, and are read together with, the LynxPoker Terms of Service (the "Terms"). Words defined in the Terms have the same meaning here. If these Website Terms and the Terms conflict, these Website Terms govern the Website Feature only.

By turning on the Website Feature, publishing a site, or connecting a domain, the Customer accepts these Website Terms.

2.1 What it is

The Website Feature lets the Customer build and publish a public website for its club (the "Club Site"). A Club Site is built from templates provided by the Company, from the Customer's LynxPoker records (club details, tournament schedule, results and promotions, to the extent the Customer chooses to show them) and from text, photos and links the Customer adds.

2.2 Addresses

Every Club Site is published at a sub-domain of the Company's domain chosen by the Customer, in the form <name>.lynx.poker (the "LynxPoker Address"). The Customer may also connect a domain it owns (a "Custom Domain", Section 6). The Company keeps a list of reserved names, and may refuse, change or reclaim a name that is misleading, infringes a third party's rights, impersonates another club, or is needed for the Service.

2.3 Changes to the service

The Company may change, add or remove templates, blocks and features of the Website Feature. The Company will not remove a published Club Site's content by a template change; where a template is retired, the Company will move the site to a comparable template.

2.4 A short credit

Every Club Site carries a short "Made with LynxPoker" line linking to the Company's home page. It cannot be removed.

3.1 Active plan required

The Website Feature is available only to a Customer with an active paid subscription. A Customer on a trial or free plan may build and preview a Club Site but may not publish it.

3.2 Price

The Website Feature is included at no extra charge in the Elite plan and above. For other paid plans it costs US$29 per month or US$232 per year at full price, billed in advance with the subscription. The same country price bands as the plans apply: in some countries the price is lower, based on the country of the card, and checkout shows the price that applies. The Company may change the price with thirty (30) days' notice, as Section 7.1 of the Terms provides.

3.3 Refunds and cancellation

Section 7.2 of the Terms applies: the Customer may ask for a full refund within thirty (30) days of the first Website Feature charge, and may cancel at any time. Cancellation stops future charges.

3.4 When the website feature ends

The Club Site is online only while the Website Feature is paid for. When the Website Feature ends, for any reason, the LynxPoker Address and any Custom Domain show a "closed" page instead of the site from that moment. A Customer who cancels keeps the site to the end of the period already paid. When a payment fails, the site stays online for the seven (7) days in which the Company's payment provider retries the charge; if the charge still fails, the subscription ends and the site closes. During those seven days the Company tells the Customer by email and in the app that the site will close and when. The Customer may turn the Club Site off at any time from the app; that closes the site at once, removes the Website Feature from the next renewal, and stops these notices.

The Customer's site content and settings stay in its LynxPoker account, and the site goes back online by itself as soon as the Website Feature is active again. The Company may release a Custom Domain's connection thirty (30) days after the site closed for non-payment (Section 6.3).

4.1 Ownership

The Customer owns the text, photos, logos, videos and other material it adds to its Club Site ("Site Content"), and the records it shows from LynxPoker. Nothing in these Website Terms transfers ownership to the Company.

4.2 Licence to the company

The Customer grants the Company a worldwide, non-exclusive, royalty-free licence to host, store, copy, resize, cache, transmit and display Site Content, for the sole purpose of providing the Website Feature, for as long as the content is on a Club Site plus the time needed to remove it from backups and caches.

4.3 The customer's promises about content

The Customer represents and warrants that:

• (a) it owns or has the right to use every item of Site Content, including photos of people, logos and brand names, and that the content does not infringe anyone's copyright, trademark, privacy, publicity or other rights;
• (b) Site Content is accurate and not misleading, including any claim about prizes, guarantees or events;
• (c) Site Content is lawful in every place the Club Site is directed at, and contains no hate speech, harassment, pornography, malware, or material that is illegal to publish;
• (d) the Customer has the players' consent, or another lawful basis, to publish any player name, photo or result it chooses to show.

4.4 Removal and suspension

The Company may remove any Site Content, or suspend or close a Club Site, at once and without liability, where the Company reasonably believes that the site or its content breaks these Website Terms or the law, infringes a third party's rights, is used for phishing or fraud, harms the Company's reputation or infrastructure, or where a court, regulator, domain registry or payment provider requires it. Where it is practical, the Company will tell the Customer and give it a chance to fix the problem first.

Anyone may report a Club Site to the Company at the address in Section 10 ("Report this site" in every Club Site's footer).

4.5 The company is a platform only

The Company provides the templates, hosting and tools; it does not write, edit, select, review, approve or endorse Site Content, and it has no duty to monitor Club Sites. The Customer is the sole publisher of its Club Site and the sole information content provider of all Site Content. The Company is a provider of an interactive computer service within the meaning of Section 230 of the United States Communications Decency Act (47 U.S.C. § 230) and a service provider within the meaning of the Digital Millennium Copyright Act (17 U.S.C. § 512), and relies on the protections of both. The Company is not liable for Site Content, for its accuracy or lawfulness, or for anything a visitor does in reliance on it. Any action the Company takes under Section 4.4 is taken in good faith to restrict access to material the Company considers objectionable, as 47 U.S.C. § 230(c)(2) allows, and does not make the Company a publisher of any Club Site or create a duty to act in any other case.

4.6 Copyright notices and other complaints

The Company responds to notices of claimed copyright infringement under the DMCA. A notice must be sent to the Company's designated agent at the address in Section 10 and must include: (a) a physical or electronic signature of the rights owner or a person authorised to act for them; (b) identification of the copyrighted work claimed to be infringed; (c) the address of the material on the Club Site; (d) the sender's name, address, telephone number and email address; (e) a statement that the sender believes in good faith that the use is not authorised by the rights owner, its agent or the law; and (f) a statement, under penalty of perjury, that the notice is accurate and that the sender is the rights owner or authorised to act for them. On a valid notice the Company will remove or disable access to the material promptly and tell the Customer, who may send a counter-notice as the DMCA provides; the Company may restore the material ten (10) to fourteen (14) business days after a valid counter-notice unless the sender of the notice tells the Company it has filed a court action. The Company closes the Club Site of a Customer that is a repeat infringer.

For any other complaint about a Club Site (impersonation, misleading claims, privacy, unlawful content), write to the same address with the site's address and what is wrong. The Company reviews every report and acts under Section 4.4 where it finds the report well founded.

The Club Site is the Customer's public website. The Company provides the tools; the Customer is the publisher. In particular:

5.1 Poker law and advertising

Section 4 of the Terms (Customer obligations and compliance) applies in full to the Club Site. The Customer is solely responsible for deciding whether, and how, it may advertise its games where it operates. Without limiting that, the Customer shall not use a Club Site to promote or solicit real-money cash games, to offer online or remote gambling, to promote betting or to publish any content that a reasonable person would read as an invitation to illegal gambling. The Company offers settings to hide buy-ins and prize amounts; using them is the Customer's choice and responsibility.

5.2 Accessibility

Many countries, including Israel (the Service Accessibility Regulations 5773-2013, Regulations 34 and 35, and Israeli Standard 5568), require a business website to be accessible to people with disabilities and to publish an accessibility statement with contact details for accessibility issues and the accessibility arrangements of the business's premises.

The Company builds its templates to WCAG 2.1 level AA, runs an automated accessibility check on every template before every release, and gives every Club Site an accessibility statement page that shows the Customer's contact details and the description of the premises' accessibility arrangements the Customer writes in the app. The legal duty to have an accessible website remains the Customer's. The Customer shall keep that description and its contact details accurate, answer accessibility requests, and give every photo it adds a meaningful text description. The Company gives no warranty that any Club Site, as filled in by the Customer, meets any accessibility law, and the Company is not liable for claims under such laws.

5.3 Privacy

For personal data collected through a Club Site (visitors' contact-form messages, server logs and the like), the Customer is the Data Controller and the Company is the Data Processor, as Section 5 of the Terms provides. The Company gives every Club Site a privacy notice page and a notice at the contact form. The Customer shall keep that notice accurate, handle visitors' requests under privacy law, and respond to any request from a player to be removed from published results.

5.4 Consumer and business law

The Customer is responsible for any other duty a public business website carries where it operates: for example, showing its legal name and address, prices, age limits, or a business licence number.

6.1 The customer's domain

The Customer may connect a domain it owns or controls. The Customer represents that it is entitled to use that domain, and shall keep its registration and DNS records under its control. The Company does not register domains and is not party to the Customer's agreement with its registrar.

6.2 How it works

The Customer points a DNS record at the Company's servers as instructed in the app. The Company then obtains and renews a TLS certificate for the domain through its infrastructure provider (Cloudflare, Inc.) and serves the Club Site at the domain. The Company may share the domain name with that provider for this purpose.

6.3 Disconnecting

The Customer may disconnect a domain at any time in the app and should then remove the DNS record at its provider. A domain whose connection was never completed may be released by the Company after fourteen (14) days. On a dispute about a domain, the Company may disconnect it until the dispute is resolved. The Company may release a domain thirty (30) days after the Club Site closed for non-payment (Section 3.4); a Customer who returns within those days keeps it.

6.4 No warranty on third parties

The Company does not control the Customer's registrar, DNS provider or certificate authority and is not liable for their failures or for a domain that expires, is transferred or is misconfigured.

The contact form on a Club Site delivers visitors' messages to the Customer's chosen email address and to its inbox in the app. The Company stores the messages for the Customer as its Processor. The Customer is responsible for answering them and for the use it makes of them. The Company may rate-limit, filter or block messages it reasonably believes to be spam, abusive or automated, and is not liable for a message that is not delivered.

The Website Feature is provided on the "as is" basis of Section 9 of the Terms. The Company aims to keep Club Sites available at all times but does not guarantee uninterrupted service. A Club Site is served through content-delivery infrastructure and may show information from the Customer's records with a delay of up to a few minutes.

9.1 Limitation

Section 10 of the Terms (Limitation of liability) applies. For the Website Feature, the Company's total liability is in any case capped at the Website Feature fees the Customer paid in the twelve (12) months before the claim, or, where the Website Feature was included in the Customer's plan at no extra charge, at US$100.

9.2 Indemnity

In addition to Section 11 of the Terms, the Customer shall defend and indemnify the Company, its officers and its service providers against any claim, loss, fine or cost (including reasonable legal fees) arising from: the Site Content; the Customer's use of a Custom Domain; a claim that a Club Site breaks any accessibility, privacy, consumer, advertising or gambling law; or a claim by a player or visitor about information published on the Club Site.

Sections 13 (Governing law and dispute resolution) and 14 (Modifications) of the Terms apply to these Website Terms. Notices, reports about a Club Site and copyright notices (Section 4.6) go to:

Report a club site: email the address below with the site's address and what is wrong. Copyright notices: see Section 4.6.